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How to prove phone use in a car crash

On Behalf of | Oct 27, 2022 | Auto Accidents

If you are in a crash with another driver, you may be sure it is their fault. Yet they may claim it was yours. Anything you can do to show they were to blame will help your case for compensation.

One option you should always consider is that they were using their phone at the time of the crash. If you ask the driver they will likely deny it, even if you saw them. So how can you get the proof you need? Here are some options:

Seek their phone records

You’ll need legal help to ask a court to order this. Phone records show activity to the minute so whether outgoing or ingoing, call or message, the phone records should show the truth.

Get eyewitness statements

While the police should take eyewitness statements, there is no harm in getting some yourself if you are able. Remember that many people prefer not hang around so pulling out your phone and using the voice recorder could help you later if an eyewitness says they saw the other party on the phone.

Check the cameras

Many streets have cameras, as do many businesses and houses. You only need one that snapped an image or video of the other driver on their phone. Even if it was a few hundred yards back up the road.

Remember you might not actually need to prove beyond doubt that the other driver was on the phone. Sometimes showing you have evidence that suggests they were will be enough to pressure them into backing down from blaming you. Getting legal help to examine all options will be crucial to get the best settlement you can.